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Criminal Law > Criminal Law Topics > Flashcards

Criminal Law Topics Flashcards

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1
Q

Factual Causation

A

But for test

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2
Q

Causation

A

Defendants act must cause a criminal consequence. Result Crimes

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3
Q

Thin Skull Rule

A

Take Victim as you find them

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4
Q

Novus Actus Intervenes

A

New intervening act

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5
Q

What are the four different types of Fault

A

DirectIndirect (Oblique intent)RecklessnessNegligence

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6
Q

Transferred Malice

A

Mens Rea is moved from intended victim to actual victim

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7
Q

Coincidence Rule

A

Actus Reus and Mens Rea must happen at the same time

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8
Q

No Fault + Strict Liability

A

A level of blameworthiness

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9
Q

Absolute Liability

A

No Mens Rea is required

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10
Q

Strict Liability

A

Mens rea is not required in at least one aspect of the Actus Reus. actus Reus is voluntary

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11
Q

Gammon Test

A

Presumption of Mens Rea: Can only be refused by a clear word in statue or by implication Presumption is strong when Truly Criminal Presumption is displaced if issue is one of social concern or public issueEncourages Greater Vigilance

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12
Q

Recklessness

A

Foresight of harm being possible

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13
Q

Negligence

A

Falling below standard of reasonable man

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14
Q

Actus Reus for Assault

A

To cause
The apprehension or causing V to apprehend
Immediate unlawful force

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15
Q

Mens Rea for Assault

A

An Intention or Recklessness as to causing the victim to apprehend unlawful+ Immediate force `

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16
Q

Actus Reus for Battery

A

Unlawful application of force upon another person

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17
Q

Mens Rea for Battery

A

An Intention or recklessness as to whether force is applied

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18
Q

S. 47 Actus Reus

A

There must be an assault or battery causing the consequence.
Harm: Injury
Actual: Wholly insignificant

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19
Q

S.47 Mens Rea

A

Intention or recklessness as to assault or battery

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20
Q

S.20 Actus Reus

A

Unlawful wounding or GBH upon another person

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21
Q

S.20 Mens Rea

A

Intention or recklessness to as to the possiblity to causing unlawful bodily harm

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22
Q

Assault Sentencing

A

6 Months. Summary offence

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23
Q

S.47 ABH

A

6 Months. Summary offence

24
Q

S.18 GBH Actus Reus

A

Wounding or GBH provided in S.20

25
Q

S.18 GBH Intent Mens Rea

A

Intentionally (Direct/Indirect) causing GBH
Or Intent to Resist/Prevent lawful arrest
Plus recklessness to causing injury

26
Q

Correspondence Rule

A

Mens Rea must match the Actus Reus as result the degree of fault corresponded with the offence and punishment

27
Q

Murder Actus Reus

A

The unlawful killing of a reasonable person in being under the kings peace

28
Q

Murder Mens Rea

A

With Malice aforethought expressed or implied. Intention to causing GBH

29
Q

Voluntary Manslaughter

A

Same as murder but with:
Loss of Control
Diminished responsibility

30
Q

Burden Of Proof

A

This is when sufficient evidence is given to raise on issue of the defence.

31
Q

Loss Of Control

A

Can not be convicted of murder if:
Happened from loss of self control
Can Not be applied for considered revenge

32
Q

Qualifying trigger

A

Fear of serious violence
Things done or said
Justifiable sense of being seriously wronged

33
Q

Loss of control

Objective test

A

If Person of D sex and age with normal degree of tolerance and self restraint would behave the same way.

34
Q

Legal Causation

A

Is defendants act the operating and substantial cause

35
Q

What is included in basic intent

A

Assault, battery, ABH , GBH(s.20), Involuntary manslaughter

36
Q

What is included in specific intent

A

Theft, Robbery, GBHs.18,Murder

37
Q

Involuntary manslaughter

A

D does not intend to kill or cause serious harm
GNM
UAM

38
Q

Gross Negligence Manslaughter
Test

A

Bateman: Does the conduct of the accused show such disregard for the life and safety of others as to amount to a crime

39
Q

Gross Negligence Manslaughter

A

Duty of care must exist between D and V
Must be a breach of duty which causes death
Is such that is considered criminal by the jury

40
Q

GNM Mens Rea

A

D creates a dangerous situation, they indented to do so
Often takes place in recklessness

41
Q

Unlawful Act Manslaughter

What must be Proven

A

Must prove that D committed an act that was:
Unlawful
Dangerous
One that causes death

42
Q

Unlawful Act

A

Has to be a criminal offence
Can not be an omission

43
Q

Unlawful Act Objective test

A

Sober and reasonable person
Some harm
Harm not be aimed at the victim
Harm foreseen must be physical harm

44
Q

Unlawful Act Subjective test

A

The unlawful act must have been accompanied by the Mens Rea to commit that crime. They do not need intention to cause harm

45
Q

Theft

A

Dishonestly appropriating property belonging to another. With the intention of permanently depriving

46
Q

Appropriation

A

This is the assumption by a person of the rights of an owner

47
Q

Theft S.5
Belonging to another

A

Property shall be regarded as belonging to any person having possession or control of it or having in it any propriety interest

48
Q

Theft S.5 (2)

A

Where property is subject to trust the person whom it belongs shall be regarded as including any person having a right to enforce the trust and an intention to defeat the the trust shall be regarded accordingly as an intention to deprive

49
Q

Theft S.5(3)

A

Where a person receives property from or on account of another and is under obligation to the other to retain and deal with that property or its proceeds shall be regarded as belonging to the other

50
Q

Theft S.5(4)

A

Where a person gets property by another’s mistake and is under obligation to make restoration of the property or its proceeds or of the value thereof If not will be held as intention to permanently deprive

51
Q

Theft S.3(1)

A

Any assumption by a person of the rights of the owner amounts to appropriation and this includes where he has come by the property without stealing it

52
Q

Theft S.3(2)

A

Where property or a right or interest in property is or purports to be transferred for value to a person acting in good faith.

53
Q

Theft S.4(1)

A

Property includes money and all other property including real or personal including things in action and other intangible property

54
Q

Theft S.4(2)

A

A person can not steal land or things forming part of land and severed from it by him or his directions

55
Q

Theft S.3(3)

A

A person who picks mushrooms growing on wild on any land, or picks flowers ,fruit ,foulage from a plant steals what he picks unless he does it for reward or for sale or other commercial purpose

56
Q

Theft S.6(1)

A

A person appropriating property belonging to another without meaning the other permanently to lose the thing itself is nevertheless to be regarded as having the intention to permanently depriving the other. This applies for borrowing and lending

57
Q

Robbery
s.8(1)

A

A person is guilty of robbery if he steals and immediately before or at the time of doing so and in order to due so he uses force on any person or puts or seek to put any person in fear of being subjected to force

Criminal Law (3 decks)

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